MDPPACPB Regulations

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(b) maintain comprehensive and auditable records of all access requests, 
criteria used for evaluation, timelines for response, and decisions made; 
(c) provide written reasons for any denial, deferment, or conditional approval 
of access; 
(d) submit periodic reports to the Authority containing capacity utilization 
statistics, booked versus actual throughput, maintenance schedules, outage 
durations, and any significant changes to infrastructure capability, integrity, 
ownership, or configuration; 
(e) retain all records for a minimum period as prescribed by the Authority and 
make them available for inspection upon request. 
 
8. Regulatory Oversight and Compliance 
The Authority may: 
(a) issue further guidelines on the form, content, and frequency of disclosures 
and reports; 
(b) conduct audits or request supporting documentation from operators; 
(c) investigate any non-compliance, refusal to disclose, or use of technical or 
capacity criteria to foreclose competition; 
(d) amend or suspend the offending criteria or practices; 
(e) order immediate access or reallocation of capacity; 
(f) impose fines, penalties, or structural remedies; 
(g) revoke approvals or capacity rights; 
(h) grant interim access to affected competitors pending full corrective 
measures. 
 
 
Part IV: Collusive Agreements and Anticompetitive Coordination 
 
13. Prohibition of Collusive Agreements and Practices 
    1.    General Prohibition 
No licensee, market participant, or group of undertakings in the midstream or 
downstream petroleum sector shall enter into any agreement, arrangement, 
understanding, or concerted practice—whether formal or informal, written or 
oral, explicit or tacit—that has the object or effect of preventing, restricting, or 
distorting competition. 
    2.    Specific Prohibited Conduct 
Without limiting sub-regulation (1), the following conduct is strictly prohibited: 
(a) Price-Fixing or Coordinated Pricing Behaviour – agreeing, aligning, or 
coordinating prices or any pricing element, including pump prices, ex-depot 
prices, margins, discounts, surcharges, freight/delivery charges, or pricing 
formulas/benchmarks. 
(b) Market Allocation and Territorial Sharing – dividing customers, territories, 
product lines, or classes of trade; agreeing to refrain from entering certain 
geographic areas or serving particular customers; coordinating the siting of 
outlets to avoid competition.